A Nebraska last will and document is a legal document used by a testator (person to whom the will belongs) to indicate how they want their assets to be distributed when they die. A testator can draft their will with clear instructions on how to disperse fiduciary assets/funds, real and personal property, and even digital property among designated beneficiaries. This document is utilized to ensure loved ones inherit the portion of the estate that the testator intended; if not, Nebraska succession laws determine who inherits the deceased’s property when there is no will in place. Wills must be signed by two (2) witnesses who acknowledged the testator sign the document in order to be legally-binding under law. A testator also has the option to notarize the document for an additional layer of legal protection.
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Laws
Definition – (§ 30-2209(53)) – Will means any instrument, including any codicil or other testamentary instrument complying with sections 30-2326 to 30-2338, which disposes of personal or real property, appoints a personal representative, conservator, guardian, or trustee, revokes or revises an earlier executed testamentary instrument, or encompasses any one or more of such objects or purposes.
Signing Requirements (Section 30-2327) – Two (2) Witnesses.
Statutes – Chapter 30 (Decedent’s Estate; Protection of Persons and Property)
(Video) How to Make a Will in Nebraska
How to Write
Step 1 – To establish the testator of the document, simply place their full name at the top of the document – to be be followed by:
- Testator’s name
- City
- County
- Testator shall review the remainder of the paragraph
- Testator must read the information regarding Expenses and Taxes
Step 2 – Executor Appointment –
- Enter the name of the first selected executor
- City of residence
- County where Executor resides
- Executor’s State
Alternate Representative – A second Executor (representative) could well be needed if for any reason the initial representative is found to be unable to execute the estate
- Provide the name of the Alternate Executor
- City of Executor
- County of Executor
- State
Step 3 – List Disposition of Property that will be Provided all Respective Beneficiaries:
Beneficiaries – Provide the following information:
- Enter the beneficiary’s full name (respectively)
- Address
- Beneficiary’s relation to testator (spouse, child, friend etc)
- Enter the last four digits of each named beneficary SSN
- List all property being bequeathed to the beneficiary
The Testator may read the remaining information in order to educate themselves with regard to how property would be distributed should a beneficiary predecease the them
Step 4 – Titles sections should be reviewed carefully by the testator as they continue to create their document:
- Omission
- Bond
- Discretionary Powers of Personal Representative
- Contesting Beneficiary
- Guardian Ad Litem Not Required
- Gender
- Assignment
- Governing Law
- Binding Arrangement
Step 5 – Witness Signatures – Anyone providing signature, must be present together at the time of the signing of the document. The following information is required:
- Provide the name of the testator
- Provide the testator’s signature – dd/mm/yyyy format
- Testator must provide signature
- Print testator’s name
Witnesses – All witnesses must read the brief statement –
- Signatures must first be dated – dd/mm/yyyy format
- Provide the name of testator
Witness 1 –
- Signature
- Witness address
Witness 2 –
- Signature
- Witness Address
Step 6 – Testament Affidavit – All signing parties should first read the affidavit. Enter the following:
- The State
- The County
- Name of Testator
- Name – Witness 1
- Name – Witness 2
- ENTER NEXT –
- Signature of the testator
- Signature of 1st witness
- Signature of 2nd witness
Step 7 (Optional) – Notary Public – shall witness signatures and complete the form affixing their state seal.
Related Forms
Download: Adobe PDF
Durable (Financial) Power of Attorney
Download: Adobe PDF